Interim Care Order Section 31

Subject to an interim care order full care order under Section 31 of The Children Act 1989 or for a young person under 16 parental consent under Section 20 of The Children Act 1989 must be obtained. The removal of children into foster care under an interim care order in the course of proceedings is always a major step.

Threshold Criteria Child Protection Resource

A young person who is placed in secure accommodation on welfare grounds is deemed looked after and therefore must be either.

Interim care order section 31. The same criteria apply to making a supervision order. Section 31 Care and Supervision Orders Section 31A Care orders. Would have priority in relation to obtaining specialist therapy or medical care.

Under section 382 the court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 312 ie. The answer is yes and section 31 11 of the Act helps us with this. That the child has suffered or is at risk of suffering significant harm.

1 On the application of any local authority or authorised person the court may make an order. What is a section 31 care order. Support under a formal care plan approved or considered by a guardian and court.

The matter comes before this court as a matter of urgency following an order. Until this amendment to section 38 no interim care order could have theoretically lasted more than seven weeks and six days beyond a childs seventeenth birthday. The obiter dicta of Williams J in Re A see above interpret section 384 in a manner which would extend the jurisdiction of the court to make interim orders.

A placing the child with respect to whom the application is made in. Section 31 Children Act 1989. A Care Order cannot be made once a child has reached the age of 17.

It can only happen where it is necessary. So does section 31 3 apply to an Interim Care Order. A Supervision Order lasts for 1 year unless the authority feels that the.

Section 31 Children Act 1989 These are known as the threshold criteria. If the order were not made not. EW 1 Where a in any proceedings on an application for a care order or supervision order the proceedings are adjourned.

It can only be made if the court is satisfied that the harm or likelihood of harm is attributable to. Section 31 Children Act 1989 sets out the requirements for a care order known as the threshold criteria. Care plans Section 32 Period within which application for order under this part must be disposed of.

This procedure applies to any placement for more than 24 hours of a child on a Care Order or an Interim Care Order with a parent or person with Parental Responsibility or person who held a Residence Order or a Child Arrangements Order specifying with whom the child is to live immediately before the Care Order was made. The other and one that I have seen in various County Court case and a couple of High Court cases is that faced with a Local Authority who dont share the Judges view that a section 31 application for a Care Order should be made the Court can simply make a second and subsequent directions for further reports and further ICOs until either matters resolve or the LA see sense and issue. Section 31 11 confirms that a Care Order includes an Interim Care Order made under section 38.

A Supervision Order means that a child will remain where they live but the local authority will have supervision of the childs care. The care given to the child or likely to be given. Social Workers and other relevant parties will be granted access to enter the property to assess the level of care being given by the parentguardian.

31 Care and SupervisionEW. Mr Woodward-Carlton submitted that an interim care order which continued beyond a childs seventeenth birthday led nowhere. That the child has suffered or is at risk of suffering significant harm.

An interim care order under section 38 of the Children Act 1989 allows the court to make an interim care order where it is satisfied that there are reasonable grounds for believing that the circumstances within section 31 2 of the Children Act 1989 apply. 2 A court shall not make an interim care order or interim supervision order under. The court can create a care order under Section 311 a of the Children Act placing a child in the care of a designated local authority with parental responsibility being shared between the parents and the local authority.

Or b the court gives a direction under section 371 the court may make an interim care order or an interim supervision order with respect to the child concerned. No new interim order could be made after a childs seventeenth birthday. Parental responsibility would be held by the local authority.

Mr Barnes strongly supported those submissions suggesting that it would be absurd if an interpretation were given to section 38 which. It was not a precursor to a final section 31 order as there was no jurisdiction to make such orders after a child turned seventeen. The question on this application for permission to appeal is whether an interim care order with a plan for removal immediately into foster care was necessary.

This means the Court cannot make an Interim Care Order that lasts beyond the childs seventeenth birthday. The duty is on the local authority to show that the threshold criteria has been met. Care order advantages.

S 31 2 A court may only make a care order or supervision order if it is satisfied a that the child concerned is suffering or is likely to suffer significant harm. Under section 382 the court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 312 ie.

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